The John M. Olin Center
Paper Abstract
935. J. Mark Ramseyer & Masayuki Tamaruya, Fiduciary Principles in Japanese Law, 09/2017; forthcoming in Oxford Handbook of Fiduciary Law.
Abstract: Solicited for the Oxford Handbook of Fiduciary Law, this essay offers a general introduction to Japanese fiduciary principles. Using corporate law as an example, it outlines the scope of the duties of loyalty and care, and of the business judgment rule. It compares the application of these principles in Japan to their application in the United States. It briefly examines their use beyond the corporate context, and outlines several recent extensions.